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Divorce FAQs

Our Lawyers Answer Your Questions

At Eiges & Orgel, PLLC, our lawyers understand
the divorce process can be intimidating and uncomfortable, especially for those undergoing
stressful relationships. That is why
our team stands ready to guide those in need of experienced, knowledgeable, and
caring legal representation. To further help, we have answered a list
of common divorce questions.

What is No-Fault Divorce?

No-fault divorce is just as it sounds, meaning a person does not have to have sufficient
grounds to obtain a divorce. In other words, a person could file for divorce
without proving he or she was the victim of adultery, abandonment, or
had lived without his or her spouse for at least a year. In fact, according
to the New York Domestic Relations Law § 170.7., a divorce is permitted
if the relationship between the couple is irretrievably broken for a minimum
of six months.

What is Fault-Based Divorce?

A fault-based divorce is one that requires a spouse to provide evidence
that the other spouse did something that led to the failure of the marriage.
In some states, couples can only file for divorce under the following
conditions:

Their spouse committed adultery

Their spouse abandoned them

Their spouse has a substance abuse problem

Their spouse has been convicted of a felonious crime

Is New York a Fault or No-Fault State?

As of 2010, New York is a no-fault state.

What is Uncontested Divorce?

When a couple agrees on every aspect of their divorce without the need
for the judgment of the court, it is called an
uncontested divorce. Couples that experience this agree on:

Child support

Spousal support

Asset division

Grounds for divorce

How Much Does a Divorce Cost?

Divorces can vary in cost and often depend on the following:

Assets

Whether or not children are involved

The age of each spouse

Thankfully, at our firm, clients can choose between a flat-fee divorce
and hourly billing. We do so to provide our clients with flexibility so
they can obtain top-tier results at a great price. We believe our clients
deserve to pursue happiness, and that is why we do our best to help facilitate that.

Do I Need a Lawyer for Divorce?

Whether you are moving through a contested or uncontested divorce, it is
wise to hire an experienced attorney. Reasons why include:

Divorce can be complicated: Divorce involves several facets such as custody issues, property and asset
division, marital estate and support matters, prenuptial and postnuptial
agreements, and protection from abuse litigation. Together, these can
amount to an insurmountable obstacle. A lawyer will be able to resolve
your case through skilled negotiations or, if necessary, aggressive litigation,
to help obtain the results you need.

You are going through a high-asset divorce: The path to divorce is not always the same, especially in high-asset divorce
cases. These types of cases can be exponentially more complex and often
require an attorney with years of experience, financial expertise, and
extensive negotiation skills.

You are emotionally invested: A lawyer will have the clarity and emotional stability that you are lacking
on these personal matters. This is the time to have a professional and
experienced individual take care of the details.

Avoid delays and costly mistakes: Divorce can be a time-consuming and arduous process for those unfamiliar
with the law. Any missteps can cost you. Having an attorney prepare and
file the paperwork can assure that any and all necessary information is
provided, which can also speed up the process.

Lack of spousal communication: The cooperation and involvement of both spouses is necessary for a more
efficient divorce and, if you and your soon-to-be-ex are not on speaking
terms, a lawyer will bridge those gaps and coordinate the logistics for you.

Surprisingly, even if you don’t have an attorney, you could wind
up paying legal fees for your spouse. This is especially true if your
lack of legal representation slows down the divorce process, costing your
spouse additional fees. In this situation, the court could make you pay
for some of the extra expenses.

Can My Spouse and I Use the Same Lawyer?

You and your spouse should refrain from utilizing the same lawyer because
the attorney will not be able to ethically represent both parties even
if the two of you agree on all things. In fact, rules prohibit lawyers
from representing two clients who have conflicting interests.

Do I Need to Go to Court for Divorce?

Every divorce is different than the next. Therefore, it will depend on
whether or not you and your soon-to-be ex-spouse agree or disagree on
the following:

How Do I Start the Divorce Process?

The divorce process starts with a divorce petition and is written by one
person and served to the other spouse. From there, that petition is filed
in the state court located in the county where the spouse lives. However,
our legal team advises that you contact an experienced lawyer from our
firm before serving your spouse.

In doing so, our legal team can prepare you and offer advice to help you
avoid unnecessary errors that can create more problems in the future.
Additionally, our legal team can stand by your side through every step
of the case to ensure your rights are protected and to ensure your desired
outcome is always the end goal.

How Will Our Assets Be Divided After Divorce?

There are many factors that must be considered when
dividing assets during the divorce process. To begin, it is important to understand that
only assets and property that you and your spouse obtained during the
duration of the marriage are subject to division. Some factors that will
affect what is considered fair include:

The amount of money and property each of you had when you got married

The amount of money and property each of you had when you filed for divorce

Whether or not either of you were awarded alimony in divorce

The future financial requirements each of you have following divorce

The age and health of each spouse

How Will Retirement Plans Be Divided After Divorce?

According to the New York equitable distribution laws, retirement benefits
that are earned during the marriage are to be divided in divorce. In order
to determine the amount of the benefits that go to the non-employee spouse,
the court uses the Majauskas formula.

How is Alimony Determined in New York?

Alimony is awarded if the court believes that one spouse will be at a disadvantage
if they are not awarded alimony. To reach a decision, the court considers
the following:

The source of income

The occupation of each spouse

Physical and mental health of each spouse

Age of each spouse

The duration of the marriage

Assets and debt acquired during marriage

And more

When Should I Contact Eiges & Orgel, PLLC?

If you are contemplating divorce or would like legal guidance while moving
through a
family law related matter, do not wait to get in touch with our attorneys. When you
call our firm, we will examine the details of your situation and determine
which strategy will best protect your future. We understand that these
issues can be emotionally draining, and that is why we seek to help our
clients obtain positive outcomes.

Call us today, and let our lawyers stand by your side. We are backed by more than six
decades of collective legal experience!

The information on this website is for general information purposes only.
Nothing on this site should be taken as legal advice for any individual
case or situation. This information is not intended to create, and receipt
or viewing does not constitute, an attorney-client relationship.